The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-07-20
"a PANEL OF JURORS
SECURED IN THE nAKEn CASE.
Judge lloyd ovsrrules tho Motion for a
Change of Venue and tho Work OF Secur.
Ing N Jury Begun, but Fought at
Every stcp-rhe Proceedings,

ChnnEs OF Vonus and tho Work OF Secur.
Ing Jury begun, but Fought Mt
Every step-rhe Proceedings.
Judge Boyd yesterday refused to gran
Van d. Bakers petition for change O
venue OF his trial for the murder OF hi
wife and mother.in.law from New Gum
berlend to Wheeling, and considerabl,
progress In tho preliminarles Of the tria
was made yesterday. Indeed, 1t Is seldom
In case Of such Importance that pane
Of twenty Jurors is secured in one day.
session. a
Court opened yesterday promptly a. .
o'clock, and tho prisoner was brought W
from tho jail in the basement Of the cour
house, and occupied the seat given hin
the day before with bis counsel.
Judge Boyd admonishsd the sheriff ths,
better order must be preserved than on
tho previous day, and that the people
must not be allowed to crowd into the
court house in Buch vast numbers. In
spite Of thia admonitiou the room was un.
comfortably full all day. The inteies,
haa not aoated In the least Several
ladies were present in tho court room
during a part Of the session, and the at.
tendance OF representatives Of the press
and distinguished gentlemen from abroad
WAS II anything Increased. 5fIGSI
NJ THE MOTION ovEERrLEp.
Judge Boyd said that he was ready to
pass upon the motion for a change Of
venue. "The conclusion came to after
hearing the stiidavlts and cross examine.
tion," said he, 'is that nothing has been
shown that will prevent fair and i'm.
partia! trial. While there has been much
published in the newspapers calculated
to excite and perhaps influence tho minds
Of the people, yet | cannot but think a
lair trial eau be had from the evidence in
the case. The tact that the Commissioners
prepared the names for tho Jury box, and
also, at great expense, procured counsel
to prosecute the prisoner, Is to my mind
q more serious question. 1t may be thu.
the law is such that they are permitted to
do this. II 80, 1t is unfortunate, In this
case, cannot think there was anything
unfair or dishonorabie. l think there Is
nothing in the conduct OF the Sheriff that
was wrong. l can tell better after ex.
the jury whether there is pYeiu.
dice sufficient TO warrant change Of
venue, and ii l 60 find, will then grant
the change. Az the matter now stands I
will overrule the notion" T.-I7.
A motion to quash the ,venire was then
made by the defense on the ground OF &C.
tiyity and interest In the prosecu,ioa on
the part Of the County court which drew
the list, and the part taken by the Sheriff
in tho prosecution. Judge Boyd said this
motion had bsen practically overruled in
overriding the detendsnt's petition. The
defense tobk an exception to this ruling.
SELECTING JURY. Hgs
The work Of choosing q Jury OF twelve
good men and true to try Van Barren
Bsker for the murder of two deieuseless
women was then begun. The men
drawn on, tho venire OF eighty
were called one ut time, aud to
each Judge Boyd put substantially such
questions as the following;y 2EsaI'5
{, Are you citizen of this county and
State t9s;..iI I'g5, - -.
z Have you any interest in this case2
s Are you related in any way to the pris.
oner at the bar or The two deceased
~ (, I'd. M ~
Have you formed or expressed any
opinion as to the guilt or Innocence Of
the accused q ~. i..;gli y :
We're You . member Of the Grand
Jury which found the indictment
We're yon q member OF the coroner's
Jury which SGT on the deceased =? 'E.
q have you talked to any Of the witnesses
or did you hesr the evidence? 80,
/, How far from the scene Of the murder
do You reaide? i%f.3'ts a ~
. Are your views concerning capital pun.
ishment srcl as TO prevent your return.
ing q verdict OF guilty In case the penalty
would be death? n. $50 -,
II a juror answered that he was biased
or had formed On opinion, he was asked,
Is your. opinion so firm as to prevent your
giving the accused a lair trial2 'slS5e
II all theee questions are satisfactorily
answered, the gentleman is turned over 10
the tender mercies Of the nine attorneys
in the Gaze. 5Fr,3g
RIAMINlNG THE JURORS. RI
The first name on the list OF Jurors was
John Melvin, jr. He said he had formed
an opinion OF the prisoners guilt from
what no had read in the papers, but
thought he could give fair and impartial
verdict from the evidence, tiiscarding any
opinion heretofore formed. He was &C.
cspted as NJ. i. 955 I T''g''.
Geo. Lambert, the second one called,
said he had expressed an opinion from
what he had read aud heard from ordinary
conversation, but could discard any feel
insa. He was not opposed to capital pun
ishment. Accepted. 81; 4, 7',.@s.
David Rals,on.---.Hsve formed m opin.
ion and expressed the same OF prisoner's
guilt. Have talked with witnesses, Opin.
ion 10 OF q decided character. Live In the
neighhorhood Of the crime. Excused.
Samuel Johnson.-Haye no bias or pre-.
judice. Know nothing only what | have
read or heard. Do not recollect whether
was present at tho corone',s inquest or
not. Have bad memory. Have formed
strong opinion. Expect opinion would in.
huence mo in reachinga verdict.
You may step aaide," Baid the Judge.
Edward W. Hart WINS prepared 10 DO
justice to the accused, he said, and he was
accepted. Il lszss
EXCEPTIONS TO THE RULING. .,9
RIA. Shay first said he had no preju-
dice avaffst the Rcensfd fhdtfph he had
formed an opinion from newspaper re-.
ports. He thought he could decide as to
the guilt or innocence OF the accused
from the evidence alone. Al
Mr.. Cook cross examined him, and he
substantially admitted that he would on.
ter tho box presuulrg the prisoner to be
guilty, though, no still insisted he could
uiva him a lair Trial Mr. lnnk rhallnnuah